GTCs for the Online Shop of Nathalie’s Cuisine Ltd.
1. General Information
- The contractual provisions (GTCs) set down below apply to any and all contracts concluded with the Customer (hereinafter referred to as the “CUSTOMER”) via the online shop of Nathalie’s Cuisine Ltd., Balfour 40, 6521209 Tel Aviv, Israel (hereinafter referred to as the “SELLER”) at the domain nathaliescuisine.com.
- These GTCs contain special regulations for CUSTOMERS who are ENTREPRENEURS within the meaning of Section 14 of the German Civil Code (hereinafter referred to as ENTREPRENEURS). These special clauses for commercial transactions are indicated by means of explicit reference to ENTREPRENEURS and do not apply to transactions conducted with CONSUMERS within the meaning of Section 13 of the German Civil Code.
- The SELLER does not acknowledge the CUSTOMER’s deviating General Terms and Conditions unless the SELLER has expressly agreed to the same in writing.
2. Conclusion of the Contract
- The CUSTOMER can add their desired items or products to the basket by clicking on the relevant button and then initiate the ordering process by clicking on the basket. During the ordering process, the CUSTOMER must enter the required contact details for both shipment and payment and complete the order by clicking on the “Buy” button.
- The CUSTOMER can fix entry errors – particularly items or products that have been added to the basket by mistake – by entering the desired quantity in the basket and by using the available buttons. During the ordering process, the CUSTOMER can correct entry errors in the various stages by navigating to the stage in question by using the “Back” and “Forward” buttons in their browser.
- The products are presented in the SELLER’s online shop only as a non-binding invitation to the CUSTOMER to place an order. In placing their order, the CUSTOMER is making a binding offer to conclude a contract in relation to the items or products contained in the basket. The SELLER shall immediately and automatically confirm receipt of the order by email. A contractual relationship is not brought about through the shop system’s automatic order confirmation. The SELLER shall accept the CUSTOMER’s offer after checking their stock by means of sending a separate declaration of acceptance by email or by means of agreeing to send the goods within a period of five days or three working days following placement of the order. The purchase contract shall only be concluded when this separate declaration of acceptance is made or when the goods are received within the aforementioned period. Invoicing is equivalent to a declaration of acceptance.
- The purchase contract shall be concluded with Nathalie’s Cuisine Ltd., Balfour 40, 6521209 Tel Aviv, Israel.
- The contractual language is German.
3. Storing the Contractual Text
The contractual text is stored by the SELLER. The order data shall be sent to the CUSTOMER separately in text form (by email). The GTCs can also be retrieved in the online shop and printed out.
4. Right of Revocation
CONSUMERS are entitled to a statutory right of revocation as a matter of principle. The legal regulations relating to any existing right of revocation are exclusively included in the revocation instruction, which can be retrieved for the CUSTOMER in the context of the ordering process.
5. Prices and Shipping Costs
- The prices shown in the online shop apply on the day that the order is placed.
- The prices shown in the online shop are given in euros and do not include VAT, because the SELLER is not subject to the small business regulation pursuant to Section 19 of the Value Added Tax Act and does not list the VAT.
- No shipping costs shall be incurred for the delivery of digital contents (such as e-books or other files) when purchasing the same.
- The following shall apply when purchasing goods delivered in a package or otherwise by post: The prices shown in the online shop do not include the shipping costs for packaging and postage. The shipping costs are dynamically calculated during the ordering process and shown in the basket overview before the order is placed.
- For all orders / deliveries to be sent abroad, a flat shipping rate shall be calculated according to the table of shipping costs that can be retrieved in the online shop. The flat shipping rate for shipment abroad is also visible in the basket before the order is placed.
- The CUSTOMER may need to pay additional taxes (e.g. in the case of an intra-Community acquisition) and/or levies (e.g. customs duties) on cross-border deliveries on a case-by-case basis.
6. Terms of Payment
- The SELLER only accepts the payment methods offered in the online shop during the ordering process. The CUSTOMER autonomously selects their preferred payment method from those available.
- If payment is made by PayPal, the CUSTOMER must have a PayPal account and prove their identity with their login details. The CUSTOMER must then go through the PayPal payment process and confirm that payment has been made to the SELLER.
- If payment is made by PayPal PLUS, the CUSTOMER must go through the relevant payment process, provide the required information and – if necessary – confirm that payment has been made to the SELLER. PayPal PLUS accepts the following payment methods: PayPal, direct debit, credit card and invoicing.
- If a delivery is made against invoice, the net purchase price (without any deductions) is due for payment immediately and within seven days of the invoice date or of receipt of the goods at the very latest. The statutory regulations with respect to the consequences of default apply.
- If a delivery is made against payment by credit card, by disclosing their credit card details the CUSTOMER is given the authorization to debit the complete invoice amount including any delivery and shipping costs incurred via the relevant credit card company when due. In this case, debiting shall be arranged when the order is confirmed.
- If payment is made by direct debit, the CUSTOMER must provide their IBAN and the name of the account holder. The invoice amount shall be debited from the CUSTOMER’s account following invoicing. In the case of a return debit note, the CUSTOMER shall reimburse PayPal PLUS for the costs of this same return debit note.
The CUSTOMER reserves the right to prove that no or only slight damage resulted due to the return debit note.
- If payment is made by PayPal using PayPal, the CUSTOMER must have a PayPal account and prove their identity with their login details. The CUSTOMER must then go through the PayPal payment process and confirm that payment has been made to the SELLER.
- If payment is made by PAYONE, the CUSTOMER must have a PAYONE account and prove their identity with their PAYONE login details, go through the relevant payment process and – if necessary – confirm that payment has been made to the SELLER. PAYONE accepts the following payment methods: credit card, instant transfer, Giropay, PayPal and Klarna purchase on account:
- If payment is made by credit card using PAYONE, by disclosing their credit card details and – if necessary – their 3-D Secure security code the CUSTOMER is given the authorization to debit the complete invoice amount including any delivery and shipping costs incurred via the relevant credit card company when due. In this case, debiting shall be arranged when the order is confirmed.
- If payment is made by instant transfer or Giropay using PAYONE, the CUSTOMER must have an activated online banking account with a PIN / TAN. At the end of the ordering process, the CUSTOMER shall be prompted to enter their account number, sort code, PIN and TAN in the pre-filled form (bank details, transfer amount, purpose). The CUSTOMER shall receive confirmation of the transaction immediately afterwards.
- If payment is made by PayPal using PAYONE, the CUSTOMER is forwarded to the PayPal payment pages by PAYONE. The CUSTOMER must have a PayPal account and prove their identity with their login details. The CUSTOMER must then go through the PayPal payment process and confirm that payment has been made to the SELLER.
- If payment is made by Klarna purchase on account using PAYONE, the CUSTOMER must pay the relevant invoice sum to Klarna AB, Norra Sattionsgatan 61, 11343 Stockholm, Sweden (hereinafter referred to as “KLARNA”) within 14 days of the invoice date. The CUSTOMER must provide KLARNA with their complete delivery and invoicing address during this process. The CUSTOMER can also convert the invoice sum to an installment purchase with flexible installments. To this end, the CUSTOMER must pay KLARNA a partial payment amounting to at least 1/24 of the relevant invoice amount, but no less than EUR 6.95. KLARNA shall specify the minimum partial amount to be paid on the invoice. The CUSTOMER must conclude a separate installment purchase contract with KLARNA for invoice amounts exceeding EUR 200. KLARNA shall send the required documents to the CUSTOMER by post upon receipt of the partial payment. The CUSTOMER can retrieve the relevant information and the terms and conditions at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account. If the CUSTOMER does not want to convert their purchase to an installment purchase with flexible installments, they must inform KLARNA to this effect in writing within ten days of payment.
- If payment is made by direct debit using PAYONE, the CUSTOMER must provide their IBAN and the name of the account holder. The invoice amount shall be debited from the CUSTOMER’s account following invoicing. In the case of a return debit note, the CUSTOMER shall reimburse the costs of this same return debit note in the amount of EUR 6.50 per return debit note. The CUSTOMER reserves the right to prove that no or only slight damage resulted due to the return debit note.
- CUSTOMERS who are ENTREPRENEURS within the meaning of Section 14 of the German Civil Code are only entitled to offsetting rights if the counter-claims have been established as legally binding, are undisputed and have been acknowledged by the SELLER, or if the opposing claims are based on the same legal relationship. This offsetting ban does not apply to CUSTOMERS who are CONSUMERS within the meaning of Section 13 of the German Civil Code.
- Terms of Delivery and Shipment – Information on Calculating the Delivery Date
- Digital contents (such as e-books or other files) are delivered by means of a download link or attachment being sent by email.
- Unless agreed otherwise with the CUSTOMER,
- goods that are delivered in a package or otherwise by post shall be delivered by post (as a package, parcel or letter, or by a forwarding agent, etc.) to the delivery address provided by the CUSTOMER when placing the order.
- The delivery time for the items or products in question shall be specified separately on the item or product page or in the product description.
- The delivery time specified on the item or product page shall start upon pre-payment on the working day following the CUSTOMER’s payment order to the transferring bank or – in the case of all other payment methods – on the working day after the contract is concluded.
- The risk of accidental loss and accidental deterioration of the sold item shall be transferred to the ENTREPRENEUR or an authorized recipient upon handover to the same in the case of deliveries to ENTREPRENEURS, and shall be transferred to a suitable transport party when the goods are delivered in the case of sales shipment. In the case of deliveries to CONSUMERS, the risk of accidental loss and accidental deterioration of the sold item shall be transferred to the CONSUMER upon handover of the goods to the same in accordance with Section 446 of the German Civil Code. With regard to the transfer of risk, handover is equivalent to the CUSTOMER being delayed in accepting the goods.
- Orders and deliveries shall only be offered within and to Germany and in the countries specified in the online shop and/or in the table of shipping costs.
- The SELLER shall immediately inform the CUSTOMER if there are any delays in delivery.
- If the carrier returns the purchase object to the SELLER because it was impossible to deliver to the CUSTOMER, the CUSTOMER shall bear the costs for renewed shipping. This does not apply if – at the same time as declining acceptance – the CUSTOMER exercises any existing right of revocation, if the circumstances leading to delivery being impossible are not attributable to the CUSTOMER or if the CUSTOMER was temporarily prevented from accepting the offered service unless the SELLER announced the service to the same in due time.
8. Reservation of Ownership
- The SELLER reserves ownership of the sold items until the purchase price has been paid in full.
- The CUSTOMER may neither pledge the goods that are subject to the reservation of ownership to third parties nor assign them by way of security until they have paid the secured receivables in full. The CUSTOMER shall immediately notify the SELLER in text form if and to the extent to which third parties have access to the SELLER’s goods.
- If the CUSTOMER’s conduct is contrary to the contract – particularly in the event of non-payment of the due purchase price – the SELLER is, in accordance with the legal regulations, entitled to withdraw from the contract and demand the goods on the grounds of reservation of ownership and rescission of the contract. If the CUSTOMER does not pay the due purchase price, the SELLER may only assert these rights if the CUSTOMER
was previously and ineffectively given a reasonable period of time in which to make payment or if setting such a deadline is superfluous in line with the legal regulations.
9. Warranty / Liability for Defects / Obligation to Give Notice of Defects
- If the purchased item exhibits defects, rights shall be based on the provisions of law.
- For claims for defects to be asserted by ENTREPRENEURS who are traders within the meaning of the German Commercial Code, they must have properly and in writing fulfilled their obligations with respect to inspection and giving notice of defects incumbent upon them as per Section 377 of the German Commercial Code within 14 calendar days of receipt of the goods. This obligation to give notice of defects does not apply to CUSTOMERS who are CONSUMERS within the meaning of Section 13 of the German Civil Code.
- The limitation period for claims for defects asserted by ENTREPRENEURS is 12 months starting from such time that risk was transferred to the ENTREPRENEUR. Any shortening of the warranty obligation does not apply to CUSTOMERS who are CONSUMERS within the meaning of Section 13 of the German Civil Code.
- Outside of warranty law, the CUSTOMER’s claims for damages or reimbursement of fruitless expenditures that are asserted against the SELLER are based on these provisions regardless of the legal nature of the claim.
- Regardless of the legal reasons, the SELLER’s liability is excluded unless the cause of damage is due to intent and/or gross negligence on the part of the SELLER, its employees, its representatives or its vicarious agents. If the SELLER’s liability is excluded or limited, this also applies to the personal liability of the SELLER’s employees, representatives or vicarious agents. The SELLER’s liability according to the Product Liability Act remains unaffected by this (Section 14 of the Product Liability Act).
- The SELLER shall be held liable in accordance with the statutory provisions for damages that arise from injury to life, limb and health and that are due to an intentional, grossly negligent or negligent breach of duty on the part of the SELLER or a legal representative or vicarious agent of the same.
- If the SELLER has at least negligently violated an essential contractual obligation – in other words, an obligation which is extremely important to fulfill for the purpose of the contract to be achieved (an essential contractual obligation or a major obligation) – the liability shall be limited to typically occurring damages – i.e. to such damages that have to be typically expected to occur in the context of the contract. An essential contractual obligation or a major obligation as defined above is one whose fulfillment facilitates the proper performance of the present contract in the first place and on the fulfillment of which the CUSTOMER relies and may rely on a regular basis.
11. Data Storage and Data Protection
12. Note according to Art. 14 of the ODR Regulation
- In the event of dispute, CUSTOMERS who are CONSUMERS within the meaning of Section 13 of the German Civil Code can carry out online arbitration proceedings in consultation with a recognized arbitration body on the EU’s “Your Europe” portal (http://europa.eu/youreurope/citizens/index_de.htm). They can use the EU’s online arbitration platform for this purpose. It is available at: http://ec.europa.eu/consumers/odr/.
- The online arbitration proceedings are not a binding requirement for appealing to responsible general jurisdiction courts; rather, such proceedings provide an alternative way of settling differences that may occur in the context of a contractual relationship.
- Other national regulations relating to carrying out arbitration proceedings remain unaffected by the above regulations set down in Paragraphs 12.1 and 2.
13. Final Provisions
- The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
- In the case of CONSUMERS who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply insofar as the protection provided by the mandatory provisions of the law in the state where the CONSUMER has their habitual residence is not withdrawn.
- If the CUSTOMER is a trader, a legal person under public law or a special asset under public law, the sole place of jurisdiction for any and all disputes arising from this contract is the SELLER’s place of business in 6521209 Tel Aviv,
- The same applies if the CUSTOMER is an ENTREPRENEUR and does not have a general place of jurisdiction in Germany or if their domicile or habitual residence is not known at such time that the claim is raised. The SELLER’s entitlement to appeal to the court at another legal place of jurisdiction remains unaffected by this too.